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9th January 2012

"Scandalous and vexatious" claim struck out yet tribunal correct not to make costs award.

In Dean and Dean (a firm) v. Sofia Dionissiou-Moussaoui [2011] EWCA Civ 1332 the Claimant made serious allegations of sex discrimination against a partner of her former firm but her claims were struck out at a PHR on jurisdictional grounds, for non-compliance with the statutory grievance procedure…
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9th January 2012

Holiday while on Sick Leave

In KHS AG v Winfried Schulte the European Court of Justice has held that a holiday which involves mere relaxation and leisure, but does not provide a worker with a rest from work, is not consistent with the aim of Article 7 of the Working Time Directive, stressing that that the entitlement to paid…
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9th January 2012

Discrimination on the grounds of marriage

In Dunn v. The Institute of Cemetery and Crematorium Management UKEAT/0531/10/DA the EAT has held that the fact that an employer treated its employee less favourably due to the fact she was married to a particular man, discriminated against her on the grounds of marriage, even though if she had…
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9th January 2012

Springboard injunction restricts key employees from moving on

In Clear Edge UK Ltd and another v Elliot and others [2011] EWHC 3376 (QB) the High Court has granted an injunction, pending speedy trial, which prohibits three employees whom the Claimant argued were all “key” from moving to a competitor.  The Claimant alleged that the three defendants were…
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9th January 2012

Equal Pay Act 1970 does not cover share options

In Hosso v European Credit Management Ltd [2011] EWCA Civ 1589 the Court of Appeal has held that where discretionary share options are not governed by an employment contract, any claim relating to them must be brought under the discrimination legislation.  As the claimant had brought her claim…
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9th January 2012

Reasonable requirement to sign WTR opt-out agreement for overtime

In Arriva London South Ltd v Nicolaou UKEAT/0293/11 the EAT has held that a requirement by an employer for an employee to sign an opt-out agreement in order to work overtime was not a detriment and was necessary to ensure the employer complied with its duty under regulation 4(2) of the Working…
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9th January 2012

Employer's indemnity is limited in Compromise Agreements

In Coulson v Newsgroup Newspapers Ltd [2011] EWHC 3482 (QB) the High Court has held that an indemnity given by an employer which states "any administrative, regulatory, judicial or quasi-judicial proceedings" does not cover criminal proceedings where there is alleged personal wrongdoing by an…
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